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(영문) 서울고등법원 2019.10.18 2019노1354
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1.1 the seized knish knife (No. 8), .

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four years and confiscation) of the lower court is too unreasonable.

2. The Defendant began to refrain from committing the instant larceny by means similar to the previous one in a month after having been sentenced to five times punishment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) or the habitual special larceny (the Act on the Aggravated Punishment, etc. of Specific Crimes).

The criminal defendant prepared to commit the theft of this case in a planned manner, and committed the theft of this case, and then damaged the entrance by destroying the office, etc., and stolen property by intrusion on the office, etc., it is not suitable to the applicable law of the crime of this case.

On the other hand, the defendant seems to have experienced a bad growth process, and all of the crimes of this case are against the defendant.

Of the crimes listed in the annexed list of crimes in the judgment of the court below, the defendant agreed with the victim of the crimes (the crime Nos. 13, 25, 26, 27, and 355 No. 13, 25, 26, 27, and 355 in the court below (the crime No. 27). The appellate court also agreed with the victim of the crimes (the crime No. 1, 2, 5, 6, 8, 10, 14, 15, 17, 18, 19, 20, 20, 21, 28, 29, and 36 (the crime No. 8, 21).

In full view of such various circumstances and other various sentencing conditions as the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, etc., the sentence imposed by the court below is too unreasonable.

Defendant’s assertion is with merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Reasons for the judgment of multiple times] The summary of facts and evidence recognized by the court is added to "the second floor of Seocho-gu Seoul Metropolitan Government BJ building" at the time and place of the annexed list 5 of crimes in the judgment of the court below.

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